Nicholas Carter and Benjamin Wish win appeal requiring sale of franchise location to clients
Nicholas B. Carter and Benjamin J. Wish persuaded the Massachusetts Appeals Court to uphold a judgment requiring the sale of a Dunkin' Donuts franchise location to their clients.
The Appeals Court affirmed the trial court verdict on all grounds enforcing an asset purchase agreement and rejecting claims of fraud asserted by the owners of a remodeled Dunkin' Donuts restaurant. Mr. Carter and Mr. Wish previously obtained the lower court judgment following a four-day bench trial.
The Appeals Court panel determined that the evidence amply supported the lower court's finding that the firm's client did not breach the contract, and was prepared to close on the transaction at all times, despite the seller’s claims to the contrary.
Despite the defendants' allegation that a substituted buyer of the location constituted fraud, the trial judge found that the firm's clients never engaged in fraud and did not breach the agreement in any respect.
Contrary to the defendants' claims, the firm's clients had the right under the agreement to assign the property to a different entity, the judge determined, and it was the defendants who breached by refusing to sell.
Mr. Carter has successfully tried numerous cases and represented companies and individuals in a wide variety of matters, including complex business disputes involving claims of breach of contract, fraud, unfair and deceptive business practices, and franchise disputes.
Mr. Wish's trial practice includes a concentration on complex commercial litigation, and he has successfully tried a number of business disputes involving breach of contract, unfair and deceptive trade practices, and business torts in both state and federal courts.